Bromley County Court 24-Aug-07 Hearing

[Audreygreeneyes]

hope I would actually photo copy them........ make 3 copies one for oyu one for the judge and one for them....... that is unless it gets stays......... which I hope it does not............

[Audreygreeneyes]

sky, take deep breaths girl.............. chill.......we are here to help you and if you are going to court on your own you coudl post and see if there is someone near you that coudl go with you for mornal support. jsut a thought:)

 

keep phoning the court every day and asking

[skyeann]

hi

 

thanks for that i have sent a letter ot abbey/bank on saturday it is on judgement by dafault lula thread two if that makes senses and she told me to send if had not heard anything.

and dont worry i am not alone my husband is with me well actually it is a joint account and i put the court case in his name ha ha

[Noddy73]

Sky. Called Bromley County Court today and hearing is still on. They still have not logged my Judgement by Default even thought I have posted it and faxed it twice. Calling again to make sure they got.

[Noddy73]

Any news anyone else. BCC have still not logged by "Judgement by Default".

 

 

Hopeless1234 - How did your case go.

[skyeann]

hi

 

i have no luck to day bromley is always engaged need to know about friday

[Noddy73]

Spoke with them this morning. My case is still on for Friday

[HSBCNightmares]

Called them this morning and judgement by default not logged although it was sent a week and a half ago and it may not be logged for 10 days! Pointed out that hearing was in 3 days and she said there wasn't really anything they could do and that it wouldn't affect the hearing if I didn't get judgement. I said that it would affect the hearing if I did get judgement before then - I'm getting sick of being on hold for 40 mins every time I phone them and then being no better off for info that I was beforehand.

[Noddy73]

Sent my letter on the same day and have been faxing it across every 3 days. After complaining today, was told the Court Manager will try and find it and call me back. I am not holding my breath though.

 

What you ladies bring to the court

* Removal of Stay

* Bundle

* Originals

[skyeann]

hi

sorry can you give me the link for removel of stay so i can take it still trying to get through to bromley

[Noddy73]

http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

[Audreygreeneyes]

unfortunatelyt this si the problem with just aleeter askign for the stay removal........... I tried to have the defence stuck out just by writing to the judge.............. it was jsut added ot the file.....

 

which is why I am saying please please file a N244. they cannot ignore that........... you willget a hearing

[Noddy73]

We have all filed a N224 or N227 so they can not ignore it. They are trying but the faxes and calls keep coming

[skyeann]

hi

 

spoke to bromley my hearing is stil going ahead now i am really scared

[Noddy73]

Have they submitted a bundle.

[skyeann]

apparently not the only paperwork they have is mine

[Audreygreeneyes]

Agreed Noddy , but ti is vital that the correct form is used...................... if oyu have the ground sto use a N227 then use it............... if you do not then it could seriously hamper your case if incorrectly used.........

[Noddy73]

AGE. I disagree. In the several small claims I have done in the past, the Judge is very understanding. This is the small claims not the high court and they are more understanding and look at what you were trying to achieve.

 

But if I am wrong, I am wrong and only human. Anyway the hearing is this Friday so will let you know after that.

[skyeann]

:confused: hi

 

i know my hearing is still going ahead but should i have something prepared if they decide to have a stay

[Audreygreeneyes]

yes sky I would have it all prepared and take ti with you. so that if they do apply you can couter it immediately.............

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/108430-stays-info-guidance.html

[skyeann]

ok so shall i just print out thread 3

[Audreygreeneyes]

You may be correct Noddy, but thigns have changed dramatically since the OFT announcement in July, and what took place prior may very well not be the case now!!!!

 

The judges are getting fed up with us taking up their valuable time and coudl VERY possibly start being VERY strict..............

 

surely it is much better to send in the correct and appropriate form to the individual case requirements, than risk using a N244 when it shoudl have been a N227 or the other way around........]

 

lets face it, it is only a matter of time before the courts do start impliminting stringent rules.... in order to cut down on the increasing volume........

 

They thought we woudl og away, we havent and we arent........they will need to find alternative ways of plugging the dam!!!!!

 

My only concern is that ppl do not given the courts ANY REASON TO toss the claim back or out..................

 

hence why the correct form is vital, but as I have said it is only my view, nothing more........

[Audreygreeneyes]

right firstly did they fail to serve on you anything order to by the courts?............ if they did then thats your first reason.............. the human rights is a very iffy one...........although I have used it in mine

[Audreygreeneyes]

Dear Sir/Madam

 

 

I write in relation to the matters as detailed above, and specifically the order in proceedings made by A Proper Officer on 15/05/07.

Since you wrote to the defendant with regards to the claim as detailed above, they have to date, made no attempt whatsoever to engage in dialogue, and all of our letters to them over the past 4 months have not even been afforded the courtesy of an acknowledgement.

We are aware that to date the banks have failed to defend a case in the courts and that they often use the court process to extend and delay the period of time within which they deal with these matters satisfactorily. We first contacted HSBC in January 2007 and it is now July 2007 and feel that 7months is more than a reasonable length of time and as such accordingly, I hope the court will be minded to consider the following case management proposals, and respectfully request that an order may be made as follows

• That the Defence is struck out as an abuse of process, pursuant to rule 3.4(2)(b) of the Civil Procedure Rules.
   
  On the basis that the Defendant has filed a template defence then subsequently settled each and every other claim of this nature.
   
  Since May 2006, I am aware of over 100 claims of this nature in which the Defendant has filed an acknowledgement of service, then a Defence, then an allocation questionnaire, then has breached the order for pre-hearing directions, then has finally settled without liability shortly in advance of the hearing or trial. A sample list of these claims, including their claim numbers, is attached (attachment 1B).

It is submitted that the defendant’s litigation strategy is flagrantly abusive of the public resource, and further, contrary to almost all of the Overriding Objective’s of the Civil Procedure Rules. It is respectfully submitted that the Defendant will continue to conduct litigation in this manner for as long as it is allowed to do so with impunity.

Please find attached a copy of an order made by Lincoln County court, in at least 6 cases similar to my own, in which Abbey Plc were the Defendant's. The court considered the authority of Mullen-v-Hackney London Borough Council (1997)2 A11ER 906 to be relevant. If this honourable court also considers this authority relevant, I would respectfully request that the court applies its special knowledge of the defendant’s notorious and well established conduct in similar cases when considering order in the present case. Please find attached the case to which I refer

I would aver that if the Defendant has the serious intention of defending this claim at trial, as is indicated by its defence, then it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature.

We ask the court to award judgement in our favour given the exhaustive lengths we have gone to in order to resolve this issue without the courts involvement and the defendant’s blatant refusal to adhere with the court order of the 15th May 2007.

We ask this matter be treated with urgency as the court date is the 7th August 2007 as we have until the 2nd August 2007 to make any representations to the Court we may wish to be considered in the Preliminary hearing, obviously if the judgement was awarded in our favour there would be no requirement for this.

We thank the court for your assistance in this matter and should you require to contact us by telephone the numbers are xxxxxxxx and xxxxxxxxx

[Audreygreeneyes]

that is the letter I submitted with my application to have their defence struck out... feel free to tweak it where necessary............